Reservation – Successor States – Bifurcation of Bihar – Appellants originally from Bihar, residing and serving in Jharkhand post-bifurcation – Contention over entitlement to reservation benefits in Jharkhand – Supreme Court held appellants entitled to reservation benefits in Jharkhand based on Section 73 of the Bihar Reorganisation Act, 2000 – Appellants cannot ...
Murder – Evidence – Recovery of Weapon – Disclosure Statement – Once recovery is made in pursuance of a disclosure statement by the accused, the matching or non-matching of blood groups loses significance – High Court’s error in presuming scientific evidence without matching blood stains with the deceased's blood – Conviction and sentence set aside [Pa...
Quashing of FIR – Inherent Powers of High Court – The Supreme Court held that the High Court erred in quashing the FIR under Section 482 CrPC without considering the investigation materials and statements collected. The High Court is not to delve into the merits of the case or conduct a trial while exercising its inherent powers. [Paras 9.1-9.3]
Serious Triable Allegations – T...
Constitutional Law – Age Relaxation – Petitioners sought age relaxation for applying against posts of Police Sub-Inspectors, arguing that the COVID-19 pandemic delayed recruitment processes, thus affecting their eligibility – High Court dismissed the petition, holding that there is no legal obligation on the State to fill vacancies immediately, and age relaxation depends on publi...
Murder and Arson – Circumstantial Evidence – The appellant was accused of setting fire to a house, resulting in the death of three individuals. The conviction was based on circumstantial evidence, including the appellant's unscathed exit from the house, presence of kerosene stains on the deceased's frock, and alleged motive arising from family disputes. The High Court affirmed ...
summoning orders issued by the ACJM, Hoshiarpur, contending that the undertakings given to the Election Commission of India and the Gurudwara Election Commission were contradictory – High Court upheld the summoning orders, emphasizing that the Magistrate is not a silent spectator during the preliminary evidence recording and that there was sufficient material on record to summon the accused ...
Indian Penal Code – Section 302 read with 34 – Murder – Circumstantial Evidence – The Supreme Court upheld the conviction of Surajdeo Mahto (Appellant No.1) based on circumstantial evidence, including the last seen theory, recovery of incriminating materials, and motive. Appellant No.1 was the last person seen with the deceased, provided false information about the deceased...
Insecticides Act – Misbranding – Quashing of Complaint – The appellants challenged the criminal complaint on the grounds that the complaint was barred by limitation, that there were procedural delays in sample testing, and that the Magistrate did not follow the prescribed procedure under Section 202 CrPC. The Supreme Court held that the complaint was indeed barred by limitation a...
Criminal Procedure Code – Section 433-A – Power of Remission – The Supreme Court held that the power of remission is to be exercised by the State Government if the prisoner has undergone 14 years of actual imprisonment in cases falling within the scope of Section 433-A of the CrPC. For imprisonment less than 14 years, the power of premature release can be exercised by the Governo...
Penal Code – Sections 425, 427, 447 – Prevention of Damage of Public Property Act, 1984 – Section 3(1) – Criminal Procedure Code – Section 321 – Kerala assembly ruckus case – Withdrawal of Prosecution – Destruction of property not freedom of speech – Committing acts of destruction of public property cannot be equated with either the freedom of ...